Todd Klarkowski one of 3 men slain in 2013 pot deal gone bad

By Charlie Brennan

Staff Writer

Posted:
05/18/2016 06:18:03 PM MDT

Updated:
05/19/2016 11:12:40 AM MDT

Mark Cappello, right, sits with defense attorney Joe Stogner during his sentencing in a 2013 triple murder in Sonoma County Superior Court in Santa Rosa, Calif., on Wednesday. Boulder's Todd Klarkowski was one of the victims in the 2013 marijuana deal gone wrong. (Alvin Jornada / The Press Democrat)

Todd Klarkowski (Alvin Jornada / The Press Democrat)

A sentence of three consecutive life terms without parole — plus 100 years to life — was handed down Wednesday in a California courtroom against a Central City man for the execution-style murders of Boulder resident Todd Klarkowski and two others in a 2013 pot deal gone awry.

Mark W. Cappello, 49, had been found guilty on all counts on March 25 in Sonoma County (Calif.) Superior Court in the shooting death of Klarkowski, 43, as well as the deaths of Richard Lewin, 46, of Huntington, N.Y., and Raleigh Butler, 24, of Sebastopol, Calif.

Chief Deputy District Attorney Brian Staebell said the three consecutive life terms without parole were for Cappello's conviction on first-degree murder. The 100 years-to-life was his sentence for discharge of a firearm causing death.

Additionally, Cappello also was sentenced to six years and eight months for residential robbery and conspiracy.

All terms of the sentence are to run consecutively. Cappello must also pay $31,000 in restitution to surviving family members and an additional $10,000 restitution fine. The sentence for Cappello was imposed by Sonoma County Superior Judge Robert M. LaForge.

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In a prepared statement, Sonoma County District Attorney Jill Ravitch said, "Three men who came from different states to participate in a marijuana transaction were executed. An extensive coast-to-coast investigation by the sheriff's office resulted in the apprehension of the responsible parties.

"A successful prosecution has brought these men to justice. I hope this outcome will assist the survivors in their healing. This case serves as a reminder to all of us that distribution of marijuana can beget violence."

The lead prosecutor, Chief Deputy District Attorney Spencer Brady, said in an interview, "I think the sentence is entirely appropriate. The judge had the discretion whether to impose a concurrent term on all of the charges or a consecutive term, and he chose the consecutive sentence, and I think that was entirely appropriate and we're very satisfied with the outcome."

Cappello expresses no remorse

Cappello, who held a seat on the Historic Preservation Commission of Central City at the time of his arrest, was convicted of pulling the trigger in a bedroom of the Forestville, Calif., home belonging to Butler's mother — she was not present at the time — while about 70 pounds of marijuana were being packaged for transport to the East Coast.

Prosecutors said Klarkowski and Lewin planned to buy approximately 100 pounds of pot from Butler for about $230,000. Klarkowski, who was acquainted with Cappello, had contacted Cappello about moving the contraband to the East Coast.

Cappello, in turn, contracted with 68-year-old Francis Dwyer of Truth or Consequences, N.M., and his son, Odin Dwyer, 41, of Black Hawk, to help with that job.

But instead of completing the purchase and picking up the pot, Cappello had other ideas, according to trial testimony.

Odin Dwyer told police that Cappello suddenly pulled out a .45 caliber pistol in the bedroom, while Odin Dwyer was in the kitchen, and shot Klarkowski, Lewin and Butler once each in the head.

"It had to be done," Cappello allegedly told Odin Dwyer. Francis Dwyer, at the time, was waiting nearby at a hotel, watching Cappello's dog.

Brady said Wednesday that Cappello made no statement prior to sentencing.

Asked if the defendant showed remorse at any point in the proceedings, Brady said, "No. Nothing."

Four relatives of the victims spoke at Wednesday's sentencing, Brady said, and each victim's family was represented in court.

"There was a lot of grief, pain, frustration, anger," Brady said.

Robert Lewin, a brother of victim Richard Lewin, said, "I want you dead," to Cappello during his statement, Brady said. But the prosecutor added, "He was not making a threat. He was telling Cappello that he hopes that he dies in prison."

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